Vinit Bahri & Anr. Vs Municipal Corporation of Delhi… — Writ and Judicial Review | Delhi HC (2025)

Vinit Bahri & Anr. Vs Municipal Corporation of Delhi… — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: Petitioners to make an appropriate application to Respondent No.2 within four weeks; on receipt of confirmation, MCD to initiate further process as expeditiously as possible; liberty reserved to the Petitioners to seek revival of the writ petition if still aggrieved. C.M. APPL. 6198/2025 allowed and disposed of.

Issue for consideration

Whether the Respondents should be directed to execute and register a Sub-Lease Deed/Conveyance Deed/Deed of Title in favour of the Petitioners. +1 more

Court's answer

The writ petition is disposed of with the directions recorded in the order (Petitioners to apply to Respondent No.2 within four weeks; on receipt of confirmation, MCD to initiate further process as expeditiously as possible).

Ratio / Principle

Petitioners, through counsel on instructions, to make an appropriate application to Respondent No.2 within four weeks from the date of the order.

Key takeaways

Upon receipt of confirmation, further process will be initiated by MCD as expeditiously as possible.ratio¶20
If the Petitioners remain aggrieved, it will be open to them to seek revival of the writ petition.ratio¶22

Detailed headnote1 paragraphs

High Court of Delhi (Hon'ble Ms. Justice Jyoti Singh) disposed of W.P.(C) 1256/2025 filed by Vinit Bahri & Anr. against Municipal Corporation of Delhi & Anr. under Article 226 of the Constitution of India, seeking a direction to execute and register a Sub-Lease Deed/Conveyance Deed/Deed of Title in favour of the Petitioners. It was averred, and acknowledged by the Authorised Representative of Respondent No.2 present in Court, that no disputes were pending inter se the Petitioners and Respondent No.2; Respondent No.2 was stated to be only a confirming party under the Sub-Lease Deed, whose draft had been forwarded to the MCD for approval and initiation of registration. MCD submitted that the Petitioners must first apply to Respondent No.2 for confirmation and execution, after which MCD would process the case in accordance with law and the provisions of the Concessionaire Agreement. The writ petition was disposed of directing the Petitioners to make an appropriate application to Respondent No.2 within four weeks, with MCD to initiate further process as expeditiously as possible upon receipt of confirmation, and with liberty to seek revival if still aggrieved. C.M. APPL. 6198/2025 was allowed, subject to all just exceptions, and disposed of.

$~70

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 1256/2025

VINIT BAHRI & ANR. .....Petitioners Through: Mr. Mukti Bodh, Advocate.

versus

MUNICIPAL CORPORATION OF DELHI & ANR......Respondents Through: Mr. Tushar Sannu, Advocate for Respondent No.1/MCD.

Ms. Mala Diwadi, Advocate with Ms. Neha Chaturvedi, AR, for Respondent No.2.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

% 04.02.2025

C.M. APPL. 6198/2025

Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 1256/2025

This writ petition is preferred on behalf of Petitioners under Article 226 of the Constitution of India for a direction to Respondents to execute and register a Sub-Lease Deed/Conveyance Deed/Deed of Title in favour of Petitioners.

It is the case of Petitioners, as averred in the writ petition and as articulated by learned counsel consistently, that there are no pending disputes inter se between Petitioners and Respondent No.2. W.P.(C) 1256/2025 page 1 of 2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/02/2025 at 14:50:59

This position is confirmed and acknowledged by Ms. Neha Chaturvedi, Authorised Representative of Respondent No.2, who is present in Court. She further submits that Respondent No.2 is only a confirming party under the Sub-Lease Deed and the draft of the Sub-Lease Deed has been forwarded to the MCD, which the MCD has to approve and start the process of registration.

Mr. Tushar Sannu submits that Petitioners have to first apply to Respondent No.2 for confirmation and execution of the Sub-Lease Deed and after this process is complete, MCD will process the case, in accordance with law and provisions of the Concessionaire Agreement.

Petitioners’ counsel, on instructions, submits that he will make appropriate application to Respondent No.2 within four weeks from today. On receipt of confirmation, further process will be initiated by MCD, as expeditiously as possible.

Accordingly, writ petition is disposed of with the aforesaid directions.

Needless to state that if the Petitioners are still aggrieved, it will be open to the Petitioners to seek revival of this writ petition.

JYOTI SINGH, J

FEBRUARY 4, 2025 B.S. Rohella

W.P.(C) 1256/2025

page 2 of 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/02/2025 at 14:50:59